General Question

Mariah's avatar

Why is it sometimes mandatory that an accused person plead not guilty?

Asked by Mariah (25883points) July 26th, 2011

A man who murdered a young girl in my local area was arraigned in court today. There is no question of his guilt (police arrived as the attack was taking place and arrested him at the scene of the crime), but he pled not guilty. The newspapers said it was mandatory that he do so. Why?

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9 Answers

Russell_D_SpacePoet's avatar

I think it is just mandatory that he plead, he didn’t have to plead not guilty I don’t think.

woodcutter's avatar

Possibly the charges were not exactly right at the time and might have caused him to get off on a technicality. I’m guessing really as I hear the doink -doink sound in Law and Order

JLeslie's avatar

Edited by me.

zenvelo's avatar

Judges want to make sure that the defendant have competent counsel to advise him on the implications of pleading guilty to one crime, when he might be more appropriately guilty of a different crime. Guilty pleas may be overturned on appeal if the person didn’t have a lawyer.

For instance, he may be charged with 1st degree murder, when he might actually have killed the person without premeditation. And if charged with a capital punishment crime, he definitely needs to talk to a lawyer first.

WestRiverrat's avatar

Here if it is going to be a potential death penalty case, they do not allow a guilty plea. Because that can take the jury out of the penalty phase of a trial. Because the jury is the only panel that can recommend the death penalty, the state feels they need to hear all the evidence before making that determination.

It removes the guilty plea to avoid the death penalty.

Pandora's avatar

I think what @zenvelo and @WestRiverrat said makes sense. You have to consider that if one could easily get away with the person pleading guilty that there may be a motive for them to do so. Their family could be threatened unless they plead guilty. By making the not guilty plea, it will ensure a court case for everyone who is ever accused of murder and the truth can be made clear to the jury and the public. If all murders were kept just between the police and the court than there is a greater chance that some innocent people will be imprisoned or executed. It makes sense that the law would be designed in such a way as to protect the rights of the innocent incase they ever find themselves being accused of something they didn’t do.

Mariah's avatar

I think probably @zenvelo nailed it. I just rechecked the newspaper article, and the accused does not appear to have had an opportunity to meet with a lawyer yet.

(He’s being charged with second degree murder, by the way.)

Thanks all!

chewhorse's avatar

Because if you plead guilty there’s no need for a lawyer except to plead for leniency.. To plead not guilty allows the defense to form a scenario whether your guilty or not and challenge the proof that the persecution presents.

hsrch's avatar

In some situations there are nut cases that confess to crimes that they didn’t commit. Other people may confess to save a family member, etc.

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